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RHINEBARGER v. ORR

No. 87-1738.

839 F.2d 387 (1988)

James A. RHINEBARGER, Michael L. Pershing, J. Keith Gill, and Steven W. Romack, On behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Robert D. ORR, Governor, State of Indiana; Thomas A. Beasley, Director of Indiana State Personnel Department; John T. Shettle, Superintendent, Indiana State Police Department; State of Indiana; and, Indiana State Police Department, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 4, 1988.

Rehearing and Rehearing Denied March 8, 1988.

Attorney(s) appearing for the Case

B. Keith Shake, Henderson Daily Withrow & Devoe, Indianapolis, Ind., for plaintiffs-appellants.

David Michael Wallman, Deputy Atty. Gen., Indianapolis, Ind., for defendants-appellees.

Before BAUER, Chief Judge, RIPPLE, Circuit Judge, and WILL, Senior District Judge.

Rehearing and Rehearing En Banc Denied March 8, 1988.

BAUER, Chief Judge.

On February 19, 1985, the United States Supreme Court addressed for the third time the applicability of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 216, to the states. Garcia v. San Antonio Metro. Transit Authority, 469 U.S. 528, 105 S.Ct. 1005, 83 L.Ed.2d 1016 (1985). In round three, the Court held that the commerce clause empowers Congress...

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